Stewart v. State

HEHDERSOH, Judge.

Appellant was convicted of theft and his punishment assessed at a fine of $1 and five days imprisonment in the county jail; and prosecutes this- appeal.

There is nothing in appellant’s contention, in his first bill of exceptions, to the effect that the charge authorized the jury to convict the defendant without first determining whether or not the defendant had discretion sufficient to understand the nature and illegality of the act constituting the offense charged in the indictment. The court gave a charge on this subject in the subsequent portion of the instructions, and if…